Read the YOU Decide on pgs. 354-355 regarding the Carl Vatcher case. Please ensure you read BOTH the fine print in the footnotes AND the Supreme Court's Opinion.

Regardless of the final outcome, you will not to write two different arguments :

1. That Carl Vatcher committed First Degree Murder.

2. That Carl Vatcher committed Manslaughter.

For each of these arguments, you are to state the elements and rules of law. Then, you to need to analyze these rules of law and argue as to why and how they fit the facts of the case. Make sure that you incorporate the text material, the Supreme Court opinion, as well as your own opinion.

Each argument needs to be no less than one half a page, and no more than one page.

Murder or manslaughter? Commonwealth v. Carl Vatcher, 438 Mass. 584 (2003) I. arl E. Vatcher fatally shot his 11-year-old son, James. CA Superior Court jury convicted him of murder in the rst degree on a theory of deliberate premeditation. On the morning of the shooting James's mother left for work shortly before 8 A.M., leaving the defendant and James alone together. James had a number ofphysical and devel- opmental disorders, including hypotonia' and attention decit disorder. He was a third grader who participated in a special needs program, could not read, bathe himself, or tie his shoes, and had some difculty climbing stairs and walking. At trial, James's teachers described him as a \"very easygoing, lovable child" who got along well with other children at school. He \"enjoyed being with people and people enjoyed being with him." Some time after James's mother left for work, an argument erupted between father and son, the details of which we reserve for later discussion. The argument escalated, culminating with the defendant ring one shot from a bolt-action .22 caliber rie into James's abdomen.2 James said, \"You shot me, it hurts." The child tried to run upstairs, but the defendant caught him. The defendant later told police that he \"wanted [his son] to die quick," and so, as James "wheezed," \"gasped," and \"struggled," the defendant tried to cover his son's nose and mouth with his hand. When that \"wasn't working," the defendant took a shoelace from a boot and wrapped it around his son's neck.3 As James was dying, the defendant \"kept telling him how he was going to heaven and that no one was going to kick him or yell at him anymore."4 Afterthe shooting, the defendant coveredJames's body with trash bags and blankets and left the body in the cellar. The defendant left the house around 2 RM. after unsuccess- fully trying to asphyxiate himself.5 James's mother returned home at about 4 RM. When she discovered and began to play an audiotape recording in which the defendant admit- ted to killingJames, she telephoned the police.6 When ofcers arrived, James's mother directed them to the audiotape recording, which they played in full. Among other things, the defendant admitted that he \"bought a rie and he shot James," then \"strangled him cuz he wasn't dead." He stated that James's body was in the basement. The defendant explained that, \"l was gonna do this a long time ago, but I kept putting it off. I couldn't put it off anymore....All I wanted was a normal kid, an average kid, but no, I didn't get that." He also stated, \"The only way I could've done this is if| lost control and I did. I lost control this morning."7 An ofcer found James's body in the cellar, and shortly thereafter an emergency medical technician con- rmed that James was dead. After obtaining a search war- rant, police collected several pieces of evidence from the Vatcher residence.3 The Supreme Judicial Court held that: (1) the evidence Instructions did not support defendant's claim of sudden provocation Did Carl Vatcher commit murder or voluntary manslaugh- adequate to support an instruction on voluntary man- ter? Defend your answer with points made in the sections, slaughter; (2) a voluntary manslaughter instruction was "Kinds and Degrees of Murder;" "First-Degree Murder;" not warranted; and (3) the evidence did not support reduc- and "Second-Degree Murder." Then, review the Massachu ing defendant's conviction to a second-degree murder setts Supreme Judicial Court's opinion of the case at http:// conviction. masscases.com/cases/sjc/438/438mass584.html. Did read- ing the opinion change your mind? Explain your